- 1 - NC: 2025:KHC-D:4789 RPFC No. 100221 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REV.PET FAMILY COURT NO. 100221 OF 2024 (-) BETWEEN: SRI. MANJUNATH DEVAGERI, S/O. HONNAPPA DEVAGIRI, AGE: 35 YEARS, OCC: WORKING AS MIS FIBER IN LAKHAMI TELE SERVICES AT HUBBALLI, R/O. BANKAPUR CHOWKI, DESAI ONI, INDIRA NAGAR, HUBBALLI THALUK, DHARWAD DISTRICT. …PETITIONER (BY SRI. G.N. NARASAMMANAVAR, ADVOCATE) AND: 1. SMT. ANITHA MANJUNATH DEVAGIRI, W/O. MANJUNATH DEVAGIRI, 31 YEARS. 2. MINOR KRITHIKA DEVAGERI, D/O. MANJUNATH DEVAGIRI, 6 YEARS, SINCE MINOR REPRESENTED HER NATURAL GUARDIAN AND MOTHER, SMT. ANITHA MANJUNATH DEVAGERI, I.E. RESPONDENT NO.1 HEREIN BOTH R/O. WARD NO.16, SRIRAMPURAM COLONY, BEHIND PANDURANGA TEMPLE, BALLARI. …RESPONDENTS (BY SRI. HARSH DESAI, ADVOCATE FOR R1; R2-MINOR REP. BY R1) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT PRAYING TO SET-ASIDE THE JUDGMENT AND ORDER DATED 28.10.2024 PASSED BY PRINCIPAL JUDGE, FAMILY COURT, AT BALLARI IN CRIL. MISC. NO.318/2023 BY PARTLY ALLOWING AND AWARDED THE MAINTENANCE AMOUNT OF RS.7,500/- EACH FROM THE DATE OF PETITION AND AWARD COST OF RS.5,000/- TO THE FIRST RESPONDENT TOWARDS THE COST OF LITIGATION AND REMAND THE CASE FOR TRAIL COURT FOR FRESH CONSIDERATION IN THE INTEREST OF JUSTICE. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.03.18 10:57:29 +0530 - 2 - NC: 2025:KHC-D:4789 RPFC No. 100221 of 2024 THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. This petition is filed by the respondent – husband challenging the order dated 28.10.2024 in Crl.Misc.No.318/2023 on the file of the Principal Judge, Family Court, Ballari1 granting maintenance to the respondents herein. 2. For the sake of convenience, the parties are referred to as per their ranking before the Family Court. 3. It is the case of the petitioners before the Family Court that the marriage between the petitioner No.1 with the respondent was solemnized on 24.11.2016 and in their wedlock petitioner No.2 is born. It is the case of the petitioners that petitioner No.1 was subjected to mental and physical cruelty as the respondent herein was treating the petitioner inhumanly. Hence, the petitioners 1 Hereinafter referred to as ‘Family Court’ - 3 - NC: 2025:KHC-D:4789 RPFC No. 100221 of 2024 have filed Crl.Misc.No.318/2023 before the Family Court seeking maintenance from the respondent - husband. 4. After service of notice, the respondent – husband entered appearance and filed detailed statement of objection stating that the respondent has filed M.C.No.141/2023 against the petitioner and the competent Court has ordered for dissolution of marriage exparte and hence the petitioner is not entitled for maintenance from the respondent and accordingly sought for dismissal of the petition. 5. The Family Court after considering the material on record, by its order dated 28.10.2024, allowed the petition in part by directing the respondent – husband to pay monthly maintenance of Rs.7,500/- each to the petitioners No.1 and 2. Feeling aggrieved by the same, the respondent – husband has preferred this petition. - 4 - NC: 2025:KHC-D:4789 RPFC No. 100221 of 2024 6. I have heard Sri.G.N.Narasammanavar, learned counsel appearing for the petitioner and Sri.Harsh Desai, learned counsel appearing for the respondents. 7. It is contended by the learned counsel for the petitioner that the petitioner herein has to take care of his aged parents and also award of maintenance by the Family Court is on higher side which requires to be interfered with in this petition. 8. Per contra, learned counsel for the respondents sought to justify the impugned order. 9. In the light of the submissions made by the learned counsel for the parties, there is no dispute with regard to the relationship between the parties and the parties are residing separately as it is evident that the petitioner herein has filed M.C.No.141/2023 which came to be decreed dissolving the marriage exparte by the competent Court. In that view of the matter, taking into consideration the finding recorded by the Family Court at - 5 - NC: 2025:KHC-D:4789 RPFC No. 100221 of 2024 para No.17, I am of the view that no interference is called for in this petition. 10. Accordingly, the petition is dismissed. 11. The amount in deposit, if any, before this Court be released in favour of the respondents herein after due identification. Sd/- (E.S.INDIRESH) JUDGE SH CT-MCK List No.: 2 Sl No.: 17